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5 th Special Meeting of the CTC with International, Regional and Sub-regional Organizations Prevention of terrorist Movement and Effective Border Security. Captain Hartmut G. Hesse Senior Deputy Director Maritime Safety Division International Maritime Organization

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Captain Hartmut G. Hesse Senior Deputy Director Maritime Safety Division

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    1. 5th Special Meeting of the CTC with International, Regional and Sub-regional Organizations Prevention of terrorist Movement and Effective Border Security Captain Hartmut G. Hesse Senior Deputy Director Maritime Safety Division International Maritime Organization

    2. Enhancing Maritime Security • SOLAS and ISPS Code • Guidance • Status of implementation • SUA – boarding provisions • Implementation assessment • Regional approach • Protection of vital shipping lanes • Somalia - Resolution A.979(24) • MOWCA - Integrated Coast Guard Network • Co-operation within the UN system • Future

    3. Achille Lauro – October 1985 USS Cole – October 2000 Limburg – October 2002

    4. 11 September 2001

    5. Special Measures to Enhance Maritime Security SOLAS Chapter XI-2 & ISPS Code Entered into force on 1 July 2004 On 1 July 2004 applied to 147 States Since 3 February 2007 applies to 158 States

    6. Chapter XI-2 Applies to:- >Passenger Ships

    7. Chapter XI-2 Applies to:- >Passenger Ships >Cargo Ships => 500GT

    8. Chapter XI-2 Applies to:- >Passenger Ships >Cargo Ships => 500GT >Mobile offshore Drilling Units

    9. Chapter XI-2 Applies to:- >Passenger Ships >Cargo Ships => 500GT >Mobile offshore Drilling Units >Port facilities serving ships engaged in international voyages

    10. International Ship and Port Facility Security Code

    11. An international framework through which ships and port facilities can co-operate to detect and deter acts which threaten security in themaritime transport sector.

    12. What is addressed? • The use of a ship as a weapon • The use of a ship for transporting either persons or their means for intending to cause a security incident • The use of a ship in lawful trade for financing terrorist activities

    13. Rationale -- Risk management activity - Appropriate security measures - Risk assessment - ISPS Code standard framework evaluating risk change threat level change vulnerability of ships/port facility • Functional security requirements for ships and port facilities

    14. ISPS Code • Company, Ship and Port Facility Security Officer • Ship & Port Facility Security Assessment • Ship & Port Facility Security Plan • Training, Drills & Exercises • Verification & Certification

    15. Ship & Port Security • Threat Assessment and Threat Level • Access Control and Restricted Areas • Security Duties and Roving Patrols • Security Awareness and Vigilance • Security Equipment & Systems

    16. Chapter V Vessels Require to have:- • Automated Identification Systems (AIS)

    17. Chapter V Vessels Require to have:- • Automated Identification Systems (AIS) • Long-Range Identification and Tracking (LRIT)Systems

    18. Long-Range Identification and Tracking of ships (LRIT) • New SOLAS regulation V/19-1 on LRIT - 01/01/08 • Performance standards and functional requirements • Inter-governmental oversight - IMSO • Data access by flag-, port- and coastal States and SAR services

    19. LRIT information may be provided when a ship navigates within a distance not exceeding 1,000 nautical miles off the coast Contracting Government requesting LRIT information a distance set by the coastal State Port A limit of territorial sea Examples of access to LRIT information

    20. LRIT system architecture (1) Ships transmit LRIT information to, and receive commands for transmissions of LRIT information on demand from, a designated LRIT Data Centre LRIT Data Centre (Option for National, Regional, Co-operative and an International LRIT Data Centres) Each Administration shall decide to which LRIT Data Centre ships entitled to fly its flag shall transmit LRIT information

    21. LRIT system architecture (2) National LRIT Data Centre International LRIT Data Exchange Contracting Governments Regional LRIT Data Centre LRIT Data Distribution Plan Others ? International LRIT Data Centre LRIT Co-ordinator LRIT Data Centres share and exchange LRIT information through the International LRIT Data Exchange Co-operative LRIT Data Centre

    22. Chapter XI-1 Vessels Require to have:- • Ship Identification Number IMO NUMBER

    23. Chapter XI-1 Vessels Require to have:- • Ship Identification Number • Continuous Synopsis Record

    24. Chapter XI-2 Vessels Require to have:- • Ship Security Alert System (SSAS)

    25. Threats to ships(Regulation XI-2/7) Contracting Governments: - Set security levels - Provide security level information: - to ships in their territorial sea - or intending to enter their territorial sea - Provide contact point for ships - requesting advice or assistance - report security concerns (ships, movements or communications)

    26. Threats to ships(Regulation XI-2/7) When identifying risk of attack - Contracting Governments: - advise ships and their Administrations of: • current security level • security measures to be implemented by ships for self protection • security measures implemented by coastal State

    27. Control and Compliance Measures Regulation XI-2/9 Addressing: - ships in port - ships intending to enter a port Goal: recognition and rectification of perceived deficiencies of the ship’s security measures/plan Non-compliance (clear grounds): may result in additional inspections, denial of port entry or expulsion from port

    28. Communication of InformationRegulation XI-2/13 ISPS Code Database Code

    29. Guidance • Guidance on the submission of security-related information prior to the entry of a ship into port • Guidance on voluntary self-assessment by SOLAS contracting Governments, ships, port facilities and companies (interim) • Guidance on control and compliance measures to enhance maritime security • Guidance on the implementation of SOLAS chapter XI-2 and the ISPS Code

    30. Status of implementation for port facilities Contracting Governments 158 States Landlocked States 13 (2) States submitting Information 139 (88.39 %) States reporting port facilities 138 (94.44 %*) States reporting approved PFSPs 137 (93.75 %*) Declared port facilities 9,953 Port facilities with approved PFSPs 9,885 (99.37 %) * adjusted to take account of landlocked States

    31. Current agendas and emerging initiatives on maritime security Revision of SUA Convention:Article 8 bis Boarding provisions Frank Wall and Associates

    32. Essential Elements of Article 8bis • Requirement to cooperate to the fullest extent possible (¶ 1) • Process & options for making, receiving, and responding to boarding requests (¶¶ 2-7, 15) • Allocation & preservation of enforcement jurisdiction (¶¶ 8, 11 & Article 9) • Conduct of boarding & disposition operations (¶¶ 6, 9, 10, 14 and Article 8) • Recourse for damage, harm, or loss (¶10(b)) • Further implementation (¶¶12-13)

    33. Guidance for Boarding • Competent Authority • Conditions of boarding • Practical measures • Deterring Fraudulent Boardings


    35. Convention on Facilitation of International Maritime Traffic, 1965 • Standards and Recommended Practices on the clearance of ships, cargoes and passengers in ports • FAL Forms: 1-General; 2 Cargo; 3 Ship’s stores; 4 Crew’s effects declaration; 5 Crew; 6 Passenger; and 7 Dangerous Goods lists • 2002 AMDTs – new section 4 on Stowaways – access control • 2005 AMDTs – new provisions on port security – risk management • Balance between facilitation and maritime security measures

    36. 2005 AMDTs – New provisions on port security • Definition of security measures • General AMDTs of S & RPs to reflect security needs • RP 1.3 Acknowledgement of security measures in an efficient manner – risk management • S 1.11 risk management to enhance border control • RP 2.12 pre-arrival & pre-departure information • RP 2.13 lodging pre-arrival & pre-departure information • AMDTs to FAL Forms to reflect security needs

    37. Implementation Assessment

    38. Implementation assessment Considerable variance in: - legislative transposition of SOLAS XI-2 & ISPS Code - approach in setting security levels - defining port facilities - providing security-related training - security-related aspects of non-SOLAS ships operations - basic arrangements for receipt of SSA - training of duly authorized officers for C & C measures - information requirements prior to port entry of ships

    39. Implementation assessment - Delineation of duties of various government bodies not completed - No arrangements to review continued effectiveness of measures implemented - Limited implementation & compliance with obligations from SOLAS regulations XI-2/5, 6 & 7 - Limited conduct of control and compliance measures and reporting to flag States & IMO - Incomplete or inaccurate data provided to IMO (XI-2/13)

    40. Implementation assessment - Limited meaningful port facility drills & exercises - Limited monitoring of authorized RSOs’ work - Limited use of guidance material provided by IMO - Limited pragmatic approach to shore leave - Limited collation, assessment & exchange of security threat data - Limited regional or sub-regional co-ordination/co-operation - Limited establishment of national programmes

    41. Recommendations to IMO - Development of model national legislation - Guidance on security- related operation of non-SOLAS - Guidance on basic & specific security-related training for all & specific duty Port Facility personnel respectively - Guidance on conduct of security-related drills & exercises - Periodical conduct of regional seminars & workshops - Co-ordination of various regional & bilateral TC activities

    42. Regional approach

    43. Developing sub-regional coastal security co-operation frameworks • Regional MARSEC Strategy - Caribbean, 2004 • ReCAAP – Piracy reporting - East Asia, 2004 • Protection of vital shipping lanes - Jakarta 2005, Kuala Lumpur 2006, Singapore 2007 • Coastal Security - Gulf of Aden and Persian Gulf (Yemen (2005), Oman (2006), Bahrain (2007)) • Integrated Coast Guard Network W&C Africa, 2006 • Coastal Security (Res A.949(24)) - Kenya, 2007

    44. Protection of Vital Shipping Lanes • IMO to play a role in the protection of shipping lanes of strategic importance and significance • focus on the Straits of Malacca and Singapore • in co-operation with littoral States • seek enhancement of safety, security and environmental protection of the Straits • Meetings in Indonesia, Malaysia and Singapore (2005, 2006 and 2007 respectively) - implementation of 6 projects - establishment of funding mechanism

    45. Resolution A.979(24) (3)(Piracy and armed robbery against shipsin waters off the coast of Somalia) • Security Council, 5387th Meeting - 15/03/2006 - Presidential Statement • Security Council, 5732nd Meeting – 20/08/2007 - Resolution 1772 (2007) inter alia : 18. Encourages Member States whosenaval vessels and military aircraft operate in international waters and airspace adjacentto the coast of Somalia to be vigilant to any incident of piracy therein and to take appropriate action to protect merchant shipping, in particular the transportation of humanitarian aid, against any such act, in line with relevant international law;“

    46. Integrated Coastguard Network • Feasibility study for the establishment of an Integrated coastguard network for the West and Central African Region • Mission conducted to Senegal, Cote d’Ivoire, Ghana, Nigeria and Angola in January 2006

    47. IMO / MOWCA ForumDakar, 23 to 25 October 2006

    48. A multi-disciplinary approach

    49. 22 MOWCA States agreed: • A far-reaching resolution with 22 operative paragraphs addressing aspects of establishing an integrated coastguard function network for MOWCA States and forming the basis for action plans • Resolution forwarded to MOWCA General assembly of Ministers and adopted

    50. Co-operation within the UN System